Basil Alami asked 1 month ago
We are on Ontario , we have some staff who has been working for us for quit long time, they are now aged above 67, is there a retirement age that i can set on a policy or what would a proper way to let these people go as their health is actually no more fit for labour jobs we have.
Rory L Staff answered 1 month ago
In Ontario, there is no mandatory retirement age. The Ontario Human Rights Code prohibits discrimination based on age, which means you cannot enforce a policy that mandates retirement at a specific age. It’s important to handle the situation with sensitivity and respect for the rights of your employees.
Given the circumstances you’ve described, where some of your staff members are no longer fit for labor-intensive jobs due to their health, there are several steps you can consider taking:
- Consultation and Communication: Engage in open and honest conversations with the affected employees. Discuss their health concerns and explore possible solutions together. This could involve offering alternative job roles, adjusting work tasks, or discussing potential retirement plans.
- Medical Assessments: If you have concerns about an employee’s health affecting their ability to perform their current job, you might consider requesting medical assessments. However, this should be done with the employee’s consent and in compliance with privacy laws.
- Flexible Work Arrangements: If appropriate, consider offering flexible work arrangements, reduced hours, or modified job responsibilities that are better aligned with their health condition.
- Early Retirement Options: While you cannot force employees to retire, you can provide them with information about retirement benefits and options available to them. Some employees might be open to retiring if they have access to appropriate retirement packages or pension benefits.
- Support Services: Provide information about available support services, such as financial planning resources and counseling services, to help employees transition into retirement.
- Voluntary Retirement: If some employees express a desire to retire due to their health, be prepared to support them through the process and provide any necessary documentation related to retirement benefits.
- Company Culture: Create a supportive company culture that values employees of all ages. Consider offering training and development opportunities to ensure that employees can continue contributing in meaningful ways.
Remember that every individual’s situation is unique, and it’s important to approach this matter with empathy and respect. Before implementing any policies or decisions, consider seeking legal advice to ensure that your actions align with applicable laws and regulations in Ontario.